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HomeMy WebLinkAbout3153 Southold Town Board of Appeals MAIN ROAD- $~TATE ROAD 25 SnUTHOLD, L.I., N.Y, 11971 TELEPHONE (616) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS 3153 Appeal No. Application 'Dated June 30, 1983 TO: Ms. Elizabeth Schwieger and Ms. Margaret Murray Lighthouse Road Southold, NY 11971 (Public Hearing held 8/31/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on September 1.3, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section 100-31, Bulk Schedule [ ] Request for The public hearing on this application was held on August 31, 1983. Upon application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Light House Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of three proposed lots, each having insufficient area, width and/or depth, and/or insufficient setbacks of existing buildings due to location of lot lines, located at the east side of Light House Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and 002. The board made the following findings and determination: By this appeal, applicants seek permission to re-divide premises containing 4.754 acres into three separate parcels, to wit: Parcel 1 containing 1.15 acres, Parcel 2 containing 1.55 acres, and Parcel 3 containing 1.69 acres. Parcels 1 and 3 would retain an existing one-family dwelling, and Parcel 2 would retain a barn structure sub- stantial in size and structurally sound. The board agrees with the reasoning of applicants and find the "barn" structure to be of histori- cal value and under the circumstances could and should be converted for one-family dwelling use, as proposed on this separate parcel of land. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no adverse detriment to adjoining properties will be created; (3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the circumstances are unique; (5) that the relief requested will be in harmony with and promote the general purposes of zoning, and (6) that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3153, application for ELIZABETH SCHWIEGER and MARGARET MURRAY, for approval of insufficient area, width and/or depth of three proposed parcels with existing build- ings, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: (CONTINUED ON PAGE TWO) DATED: October 3, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3153 Matter of SCHWIEGER AND MURRAY Decision Rendered September 13, 1983 1. That the "barn" building on Lot 2 shall not be considered a principal structure or dwelling as is; however, in the event at any time in the future this building on Lot 2 is to be used, renovated or used as a principal building (dwelling), the same must meet the requirements of the building/zoning codes and setbacks for principal building/dwelling use. Location of Property: East Side of Lighthouse Road, Southold, NY; County Tax Map Parcels No. 1000-51-02-001 and 002. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. /October 3, 1983 / APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Sou~hold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on WEDNESDAY, AUGUST 31, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of JOHN J. CLAVIN, Madeline Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, for permission to locate accessory building in an area other than the required rear yard, at premises known as Lot #2 of Minor Subdivision #231, Fishers Island Utility Co., and more particularly known as County Tax Map Parcel No. 1000- 006-08-3.3. 7:35 p.m. Application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Light House Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of three proposed lots, each having insufficient area, width and/or depth, and/or insufficient setbacks of existing buildings due to location of lot lines, located at the east side of Light House Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and 002. 7:40 p.m. Application of RICHARD REUNIS, 1500 Beebe Drive, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to locate tennis court with 10' high fence accessory to the principal structure (dwelling), known as 1500 Beebe Drive, Cutchogue; County Tax Map Parcel No. 1000-103-03-004. 7:45 p.m. Application of WILLIAM AND LINDA ZINGARO, P.O. Box 306, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Sections 100-119 (A & B) for permission to retain hedge height over four feet high along the frontyard along Pequash Avenue, Cutchogue, at premises known as 55 Pequash Avenue (30100 Main Road), Cutchogue, NY; County Tax Map Parcel No. 1000-102-03-007. Page 2 Legal Notice of Hearings Regplar Meeting of August 31, 1983 7:50 p.m. Application for DIMITRIOS PAPGIANNAKIS, by D. Kapell, as agent, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, to redivide two parcels, each having insufficient area and width and located off the west side of Stars Road, East Marion, NY; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-04-001 and 002. 7:55 p.m. Application of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to build garage/storage building in the frontyard area at premises known as 520 Private Road #12 (near Bayview), Southold; County Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East, Inc., Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage building in the frontyard area at premises located at the south side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-009. 8:05 p.m. Application for PETER LUHRS, by Michael J. Hall, Esq., 218 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [4] for per- mission to establish a public garage/repair station in this B-1 General Business District, premises known as 45845 North Road, Southold, NY; County Tax Map Parcel No. 1000-55-02-17 (Owner: L. P. Edson). 8:10 p.m. Application for T.J. LUKAS, by R. Ketcham, as agent, Box 295, East Marion, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) [3] (a) to erect an off-premises-directional sign upon premises of T.J. Lukas for the Puerto Verde Restaurant at 69700 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-045-05-002. 8:15 p.m. Application of CUTCHOGUE FREE LIBRARY, Box 935, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition with insufficient rear and side yard setbacks, and small addition reducing the frontyard setback, at premises known as 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:20 p.m. Application of CUTCHOGUE FREE LIBRARY, Box 935, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [1] (a) for permission to use proposed addition for library use at premises known as 28735 Main Road, Page 3 Legal Notice of Hearings Regular Meeting of August 31, 1983 Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:30 p.m. Application for MARJORIE CLUST (SMITH), by Patricia L. Blake, as agent, Box 166, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-divide four subdivision lots which have become merged, into two separate half-acre lots located at the west side of Summer Lane and the east side of Cedar Ave. (Lane), Southold, and more particularly identified as Bayside Terrace Subdivision Map #2034, Subdivision Lots 4, 5, 13 and 14; County Tax Map Parcels No. 1000-78-09-4, 5, 12, and 13. 8:40 p.m. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, NY, by E.J. Boyd V, Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage building in the frontyard area of premises known as 3880 Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-081-03-009. Dated: August 17, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above hearings, please contact Linda Kowalski, Secretary for the Zoning Appeals Board, at 765-1809 or 1802, Southold Town Hall, Main Road, Southold, New York. .................................................................... end of notice-- Instructions to newspapers: Please publish once, to wit: Thursday, August 25, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before August 30th. Copies to the following on or about 9/19/83: Mr. John J. Clavin Ms. Elizabeth Schwieger and Margaret Murray Mr. Richard Reunis Mr. and Mrs. William Zingaro Mr. David Kapell, as agent for D. Papgiannakis Mr. and Mrs. Charles Woolley Environment East, Inc., as agent for A. Delaney Michael J. Hall, Esq, for Peter Luhrs Mr. Robert Ketcham, as agent for T.J. Lukas and Puerto Verde Rest. Mr. William B. Peters, Cutchogue Free Library Mrs. Patricia L. Blake, as agent for M. Clust (Smith) Edward J. Boyd V, Esq. for Mr. and Mrs. E.J. Boyd Town Clerk Bulletin Board Supervisor & Town Board Members Southold Town Planning Board & Z.B.A. Members Posted on Z.B.A. Bulletin Board 8/19/83 FORM NO. 3 TOWN OF SOUTIiOLD BUILDING DEI~AR'IMENT TOWN CLERK'S OFFICE $OUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .%..z'.. ~...~./~,~,. ~.~ ~ ......... ....... ~.,~.,..~.,,.~....~.,t,....~....~.,,~ ,~. /~'~7/ PLEAS' TAKE NOTIC' that your app,cafion dated .............. /~::'..~. ~ 19 ~ $~met County Tax Map No. 1000 Section ... ~. / ....... Block ....... ~ .... Lot...... Subdivision ................. Filed Map No ................. Lot No .................. ~ re~e~ h~,wit, ~d disapproved on ~e ro"ow~,,~d,. ~'~...~4. ~. :~. :~... _/t..~ ~-/ .~,/~../~.~:?...~m~.~..~./~r~.(.~'x...7...(.~ ~.... ........ lot ~-' ,~ · TOWN OF $OUTHOLD, NEW YORK !JUN 3 01 3; APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. k~ Name of Appellon~ ...... ~' ............. ~ '~treet on~l'i~t~; .......................... ...................... ..~...o...~..,,~.,~..~../,J. ............................................ /...~....~....~/./,..~..?.(.HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ~//~.~FOR: of ( ) PERMIT TO USE (~') PERMIT FOR OCCUPANCY WHEREBY THE BUILDING INSPECTOR DENIED TO ............... ............................................. Name of Applicant for permit ............. ................... .............. VStreet and Number Municipality State ( ) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ./:/.,$h~...t~.......3"~y....r.~..~..~..././.~..'2Z.....(?....-.....'~....~..~..~..'~--'~'~ J' ~ ~' '~ Street and HanLlet Zone Map No. Lot No. DATE.$PURCHASED:/~.~.~....~.../.~2.~/. .... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub section and P~.ragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) i%rticle/.~ , Section ! ~ - ~ / 3. TYPE OF APPEAL Appeal is mode herewith for (~'Y A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)(~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ...... ~ ................... Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that we Would like to be able to preserve a beautiful, historic (CIVIL WAR vintage) barn to Prevent it from rotting an~ disintegrating. The only way this protection is economically feasible FolSza~if the barn can be u~ed as a single-family dwelling. (PLEASE SEE t~ontinue on otheYside) ~l ~ ENCLOSED LETTERS RE~ THIS~ REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CUA~^CTER OF T~E glSTmCT because /,U~ /m~..?~/ ~ 7--- C~/-.~e COUNTY OJt~ ) / Signature Sworn to this ............ .~..i:~.. .............. day of .................... : ......... EEI~BI~TH RNN ~ll~l~R¥ PUBLIC. State of New Y~II No. 52-8125850, SuffolkCooourltY., r. rm Expires Msrch 30, I 0 "PLAN E~" 4-0 m. - :5.48'41'4 SCALE I00'= i" HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH1E LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southotd, N.Y. 11971 TELEPHONE 765-1938 July 26, 1983 Ms. Elizabeth Schweiger Lighthouse Road Southold New York 11971 Dear Ms. Schweiger: After an on site field inspection and discussion of same at our regular meeting, Monday, July 25, 1983, our Board noted the following: (1) Lot number one would contain an existing dwelling. (2) Lot number two would contain a beautiful barn. (3) Lot number three would contain an existing dwelling. (4) The area of each lot proposed are over one acre and less than two acres; present zoning requirements. It appears to be a reasonable proposal and would not pose a problem to the area. It was the concensus of the Board to await a determina- tion with regard to an area variance from the Zoning Board of Appeals prior to proceeding with your application. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals/~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLAS$ JOSEPH H. SAWlCKI Southold Town Board o£ Appeals IVlAIN ROAD- STATE RnAD 25 sr'tUTHFILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 July 5, 1983 Ms. Elizabeth Schwieger Ms. Margaret Murray Lighthouse Road Southold, NY 11971 Re: Appeal No. 3153 Proposed Division of Property Variance to Bulk-Parking Schedule Dear Ladies: This letter will confirm that the following action was taken by the Board of Appeals at their Special Meeting held on June 30, 1983 concerning your variance application also filed on June 30th: RESOLVED, that Appeal No. 3153, application of ELIZABETH SCHWIEGER and MARGARET MURRAY, be held in abeyance pending receipt of comments, recommendations or approval by the South- old Town Planning Board. If comments are received from the Planning Board on or before July 29th, we would then schedule your variance appli- cation for the next available date for public hearing in August. If you have any questions, please do not hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board By Linda Kowalski, Secretary TO M~MBERS OF ZONING BOARD Town of Southold, N.Y. OF APPEALS Elizabeth Blake Schwieger Lighthouse Road Southold, N.Y. 1~97~ June 27, ~983 Dear Sirs. In May of 1969, I purchased a house and s large barn on ~,638 acres of land on Lighthouse Road. At the time I was told that the barn was more valuable than the house, but after much thought, I decided to move into the house and develop the barn later. I realized that a building of its size and beauty needed more land around it, so in 1975, I arranged to buy the adjoining acres of land with my friend, Margaret L. Murray. I put a new roof on the barn to protect it from wind, rain, and snow, and had architectural designs drawn up so that it could be converted into a house that would maintain its beautiful structure and Preserve its historic value. I thought of the barn, not only as something Precious left over from the past, but also as a kind of security for my old age which ia, unfortunately, almost here - or PerhaPs IS here, depending upon the definition of "old." I Prefer to think of "old" in terms of the barn's age and that is well over one hundred years - Civil War vintage. I am not that YET! I want the barn to be preserved. I don't want to see it rot and decay as so many lovely old buildings have done, because no one bothers to keep them upl however, in order to Preserve it, I need to be able to know that it can be rented or sold as s separate ~ dwelling. Unfortunately, both Margaret ~urray and I procrastinated having this land subdivided. We're both very concerned about ecology, environment and the dangers of Over populating this fragile area on this fragile planet. This is why we were never seduced by the arguments to have the barn converted into a:srtments, o r any sort of multiple dwelling. I've enclosed photographs of the barn.in the hope that yo? will see its beauty and help us to preserve mt by allowing a varmance9 I look to you for suggestions. er - ELizabeth Blake SchwiegerU ShakesPeare wrote..." A rule that can't be bent is either s * fool's rule or the rule of a tyrant." Peg Murray Lighthouse Road Southold, N.Y. ~1971 June 27, ~983 TO MEMBERS OF THE ZONING BOARD OF APPEALS Town of Southold, N.Y. Dear Sirs, In 1974 Elizabeth Schwieger and I, Margaret L. Murray, bought 3,1~6 acres of land together in the Presence of our lawyer, Stephen Weinrib. We paid by check in equal amounts. One of the reasons we both wanted this large a Parcel was so tha~he barn would be protected in order that it might be used as a separate dwelling to rent or sell. We developed the woods around it because We felt that historic value and beauty demanded that it be saved. We hope, you'll be able to help us make this possible. Over the years, many people have made offers and suggestions that ~his would make a handsome aPartment or multiple dwelling. We NEVER WANTED THAT, nor do we want it now. We do, however, feel we should be able to develop it as a single family dwelling. Neither Ms. Schwieger nor I have any desire to disturb the-beauty and quiet of this area. I believe, it's obvious from the way we've planted sad cared for the land that we aPPreciate it. Thank you again for your help. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5OUTIHOL~), L.I., N.Y. 11=J71 TELEPHONE (516) 765-1809 October 3, 1983 Ms. Elizabeth Schwieger and Ms. Margaret Murray Lighthouse Road Southold, NY 11971 Re: Appeal No. 3153 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Legal NOtices section 100-32 for Zoning Ordinance, Article LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Soutbuld, a Regular Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southnid, New York, on WEDNESDAY. AUGUST 31, 1983 commencing at 7'30 o'clock p.m. and as follows :' 7:30 p.m. Applicati6n of JOHN J. CALVIN, Madeline Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, for permission . to locate accessory building in an area other than the required rear yard, at premises known as Lot #2 of Minor Subdivision #231, Fishers Island Utility Co., and more particularly known as County Tax Map Parcel No. 1~3.3. 7:35 p.m. Application of r ELIZABETH SCHWIEGER ~ and MARGARET MURRAY, Light House Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of three propesed lots, each having insufficient area, width and/or depth, and/or insufficient setbacks of existing buildings due to loca- tion of lot lines, located at the east side of Light HoUSe Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and 002. 7:40 p.m. Application of RICHARD REUNIS, 1500 Beebe Drive, Cutohngue, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30(C) for pe~'mission to locate tennis court with 10' high fence accessory to the principal structure (dwel- ling), known as 1500 Beebe Drive, Cutchogne; County Tax Map Parcel No. 1000-103-03- 004. 7:45 p.m. Application of WILLIAM and LINDA ZINGARO, P.O. Box 306, Cutchogne, NY for a Variance to the Zoning Ordinance, Article XI, Sections 100-119 (A & B) for I~ermission to retain hedge hetght over four feet high along the frontyard along Pequash Avenue, Cufchogue, permission to construct acces- sory garage/storage building in the frentyard area at premises located at the south side of Great Peconie Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 8:05 p.m. Application for PETER LUHRS, by Michael J. Hall, Esq., 218 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B)[4] for permission to establish a public garage/re air statton m this B-I General Business District, premises known as 45845 North Road, Southold, NY; County Tax Map Parcel No. 1000-55-02-17 (Owner: L. P. Edson). 8:10 p.m. Application for T. J. LUKAS, by R. Ketcbam, as agent, Box 295, East Marion, NY for a Variance to the Zon- ing Ordinance, Article VI, Section 100-60(C)[3](a) to erect an off-premises-direc- tional sign upon premises of T. J. Lukas for the Puerto Verde Restaurant at 69700 Main Road, Greenport, NY; County (~2M. ap Parcel No. 1000-045- 8:15 p.m. Application Of CUTCHOGUE FREE LI- BRARY, Box 935, Cotchngue, NY for a Variance to the Zen- ing Ordinance, Article VII, ~tion 100-71, Bulk Schedule, Ior permission to construct Iddition with insufficient rear .~ mad side yard setbacks, and all addition reducing the frontyard setback, at premises known as 28735 Main Road, Cutchogue, NY; County . Tax Map Parcel No. 1000-102- 05-22 andpart of 23. 8:20 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cotchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B)[1] (a) for permission to use proposed addition for library use at premises known as 28735 Main Road, Cotchogne, NY; County Tax Map Parcel No. 1000-102- 05-22 and part of 23. 8:30 p.m. Application for MARJORIE CLUST (SMITH), by Patricia L. Blake, as agent, Box 166, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for at premises known as 55 .permission tore-divide four Pequash Avenue (30100 Main Tsubdivision tots which have Road), Cutchogue, NY; ~ecome merged, into two County Tax Map Parcel No. ~seperate ball-acre lots located 1000-102-03-007. ' at the west side of Summer 7:50 p.m. Application for Lane and the east side of DIMITRIOS PAPGIANNAK- IS, by D. Kapell, as agent, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, to redivide two parcels, each having insufficient area and width and located off the west side of Stars Road, East Marion, NY; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-04-001 and - 7:55 p.m. Application of CHARLES and CLAIRE WOOLLEY, 520 Private Road #12, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to build frarage/storage building in the ontyard area at premises known as 520 Private Road #12 (near Bayvtew), Southold; County Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East, Inc., Indian Neck Lane, Pecenic. NY for a Variance to Cedar Ave. (Lane), Southold, and more particularly identified as Bayside Terrace Subdivision Map #2034, Subdivision Lots 4, 5, 13 and 14; County Tax Map Parcels No. 1000-78-09-4, 5, 12, and 13. 8:40 p.m. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, NY, by E. J. Boyd V, Esq., for a Variance to the Zoning Ordinance, Article III, - Section 100-32 for permission to construct accessory frarage/storage building in the ontyard area of premises known as 3880 Robinson Road, Sotithold, NY; County Tax Map'Parcel No. 1000-081-03- 009. · Dated: August 17, 19~3. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN For further information concerning the above bearings, please contact Linda Kowalski, Secretary for 765-1809 ~802, Southold Town Ha~J~Main Road, Southold, New York. 1TA25-4320 } SS: COUNTY OF SUFFOLK ) ~ToaTz ~'/o GL1S:Cc~V'SOTt of Greenport, in said County, being duly sworn, says that J~lf/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in O~le said Newspaper once each week for weeks successively, commencing on the 25:Ch dayof A~us'b 19 ~ ~¥ PU~L!C. Stale of New Vor~ ~.~, ~ 4707878, 3ut{ol~ Cluny ~ m [xp,res Mirth 3U, Ig~S ~ ' Principal Clark Sworn to before me this 25 ~c~ dayof A'~F~Llst; 19 ~ NOTICE IS HEREBY GIV- ~ EN, pursuant to Section 267 of ~ the Town Law and the Pro- ~ visions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at thc Town Hall, Main Road, Southold, New York, on WED- NESDAY, AUGUST 31, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Application of JOHN J. CLAVIN, Madeline Avenue, Fishers Island, N.Y. for a Variance to the Zoning Ordinance, Article III, Sec- tions 100-31 and 100-32, for permission to locate accessory building in an area other than the required rear yard, at premises known as Lot #2 o~ Minor Subdivision #231, Fish- i~rs lsland Utility Co., and marc particularly known as County Tax Map Parcel No. 1000-006-08-3.3. 7:35 p.m. Application of~ ELIZABETH $CHWlEGER and MARGARET MURRAY, Light House R6hd, Southold, N.Y. for a Variance ira the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for approval of three proposed g lots, each having insufficient ~/ area, width and/or depth, and/or insufficient setbacks of existing buildings due to loca- tion of lot lines, located at the east side of Light House Road, Southold; County Tax Map Parcels No. 1000-51-02-001 and 002. 7:40 p:?.5_APp!icat[on of_ RICHARD REUNIS, 1500 Bee- be Drive, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to locate tennis court with 10' high fence accessory to the. principal structure (dwelling), known as 1500 Beebo Drive, Cutchogue; County Tax Map Parcel No. 1000-103-03-004. 7:45 p.m. Application of WILLIAM AND LINDA ZIN- GARO, P.O. Box 306, CUt- chogue, N.Y. for a Variance to the Zoning Ordinance, Article XI, Sections 100-119 (A&B) for permission to retain hedge height over four feet high along the frontyard along Pe- quash Avenue. Cutchogue, at premises known as 55 Pequash Avenue (30100 Main Road), Cutchogue, N.Y.; County Tax Map Parcel No. 1000-102-03- 007. 7:50 p.m. Application for DIMITRIOS PAPGIANNAKIS, by D. Kapell, as agent, 400 Front Street, Greenport, N.Y. for a Variance to the Zon, ing Ordinance, Article I11, Section 100-31, Bulk Schedule, to re- divide two parcels, each hav- ing insufficient area and width and located offthe west side of Stars Road, East Marion, N.Y.; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-04-001 and 002. 7:55 p.m. Application of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, N.Y. for a Variance to thc Zoning Or- dinance, Article 111, Section COUNTY OF SUFFOLK STATE CF NIz~¥ YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a publi: newspaper printed at Southotd, in Suffolk County; and thct the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- men once each week for ......................... ./. ............. weeks r successively, commencing on the ~D~: d a~y~l>f~w..'...w~...... ~..~... .............. 19.~/..~..~ (~ .......... Sworn to before me this .............. ~.. ........... day of .............. ........... , 19..~....~. DIMIIRIOS PAPGIANNAKIS, by D. Kapetl. as agent, 400 Front Street, Greenport, N.Y. for a Variance to the Zoning Ordinance, Article I11, Section 100-31, Bulk Schedule, to re- divide two parcels, each hav- ing insufficient area and width and located off the west side of Stars Road, East Marion, N.Y.; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-04-001 and 002. 7:55 p.m. Application of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, N.Y. for a Variance to the Zoning Or- dinance, Article ltl Section 100-32 for permission to build garage/st6rage building in the frontyard area at premises known as 520 Private Road #12 (near Bayview), Southold; County Tax Map Parcel No. 1000-078-06-006. 8:00 p.m. Application for A. DELANEY, by Environment East, Inc., Indian Neck Lane, Peconie, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory garage / storage building in the frontyard area at premises located at the south side of Great Peconic Bay Boulevard, Laurel, N.Y.; County Tax Map Parcel No. 1000-128-02-009. 8:05 p.m. Application for PETER LUHRS, by Michae! J. ,Hall, Esq., 2~l~.~?ont.,Stre~t, Greenport, N.Y. for a Special Exception to the Zoning Ordin- ance, Article VII, Section 100-70 (B)[4] for permission to establish a public garage/re- pair station in this B-1 General Business District, premises known as 45845 North Road, Southold, N.Y.; County Tax Map Parcel No. 1000-55-02-17 (Owner: L.P. Edson). 8:10 p.m. Application for T.J. LUKAS, by R. Ketcham, as agent, Box 295, East Marion, N.Y. for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (C)[3](a) to erect an off-premises-direc- tional sign upon premises of T.J. Lukas for the Puerto Verde Restaurant at 69700 Main Road, Greenport, N.Y.; County Tax Map Parcel No. 1000-045-05-002. 8:15 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Sched- ule, for permission to con- struct addition with insuffi- cient rear and side yard set- backs, and small addition reducing the frontyard set- back, at premises known as 28735 Main Road, Cutchogue, N.Y.; County Tax Map Parcel No. 1000-102-05-22 and part of 23. 8:20 p.m. Application of CUTCHOGUE FREE LI- BRARY, Box 935, Cutchogue, N.Y.for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70 (B) [Il(al for permission to use proposed addition for library use at premises known as 287.t5 Main Road. Cutchogue, N.Y.; 8:30 p.m. Applicaton for MARJORIE CLUST (SMITH), by Patricia L. Blake, as agent, Box 166, Southold, N.Y. for a Variance to the Zoning Ordin- ance, Article IlL Section 100-. 31 for permission to re-divide four subdivision lots which have become merged, into two separate half-acre lots located ~at the west side of Summer Lane and the east side of Cedar Avenue (Lane), South- old, and more particularly identified as Bayside Terrace Subdivision Map #2034, Sub- division Lots 4, 5, 13 and 14; County Tax Map Parcels No. 1000-78-09-4, 5, 12, and 13. 8:40 p.m. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, N.Y. by E.J. Boyd V, Esq., for a Variance to the Zoning Ordinance, Article IlL Section 100-32 for permission to construct accessory garage/ storage building in the front- yard area of premises known as 3880 Robinson Road, South- . old, N.Y.; County Tax Map Parcel No. 1000-081-03-009. Dated: August 17, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1T-8/25/83(94) BOARD OF APPEALS. TOWN OF SOUTHOLD : In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is th_~ intention of the undersigned to petition the Board of Appeals of the Town of Southold request ~(Special Exception) (Special Permit) (Othe:) [¢±:¢1e cho±¢e] to ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- 3. That the property which is the subject of such~Petjti~n is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~ s~3~e ~ ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~cle ~ ~ /~ -~ / 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5'16) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: P~etitioner u - Post Office Address / - /., NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 443 644 363 ~!E:CEIPT FOR CERTIFIE£~ iVlA~L STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ',~_~ ~ ,,'~('"'~_o I,c/ ,d/'~'~,.,~ L/,~ r',/~ , be,ng duly swor~, deposes and says that on the '3,~q-kda of ~T-cz ~1 ~_ ,19 ~ .~.__, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town o[ S, outhold; that said Notices were mailed at the United States Post Of- ficeat , ~--~,~,.,--4-'i~ ~ Ici ,~/~,'~.l L..,[~,.~ that said Notices were mailed toeach of said personsby (certified) (~egister~d) mail.~ - - Sworn to ~.~pre me this ~-~ day of ~ ,19 ~, '~ c:~ Notary Public ELIZABETH ANN NEVILLE Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR S . E . Q. R. A. SERGE DOYEN, JR ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3153 PROJECT NAME: Elizabeth Schwie~er and MarGaret Murray This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Divide 4.7 acres into three parcels with existing dwellings/buildings. ~- LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: East side of Light House Road, Southold. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Project is not within 300' of critical environmental ~re~. Dated: July 28, I983. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. JUI)ITH T TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 June 30, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3153 application of Elizabeth Schwieger & M.L. Murray for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.V.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey.~_~,.~,.~~ Judith T. Terry Southold Town Clerk TO ~MBERS OF ZONING BOARD OF APPEALS Town of Southold, N.Y. Elizabeth Blake Schwieger Lighthouse Road Southold, N.Y. ~971 June 27, 1983 Dear Sirs~ In ~ay of 1969, I purchased a house and a large barn on 1,638 acres of land on Lighthouse Road. At the time I was told that the barn was more valuable than the house, but after much thought, I decided to move into the house and develop the barn later. I realized that a building of its size and beauty needed more land around it, so in ~974, I arranged to buy the adjoining 3,~16 acres of land with my friend, ~argsret L. ~urray. I put a new roof on the barn to protect it from wind, rain, and snow, and hsd architectural designs drawn up so that it could be converted into s house that would maintain its beautiful structure and preserve its historic value. I thought of the barn, not only as something Precious left over from the past, but also as s kind of security for my old age which is, unfortunately, almost here - or perhaps IS here, depending upon the definition of "old." I Prefer to think of "old" in terms of the barn's age and that is well Over one hundred years - Civil War vintage. I am not that YETZ I want the barn to be Preserved. I don't want to See it rot and decay ss so many lovely old buildings have done, because no One bothers to keep them up; however, in Order to Preserve it, I need to be able to know that it can be rented or sold as a separate ~y dwelling. Unfortunately, both ~argaret ~urrsy and I prOcrastinated having this land subdivided. We're both very concerned about ecology, environment and the dangers of over populating this fragile ares on this fragile planet. This is why We were never seduced by the arguments to have the barn converted into a~artments, o r any sort of multiple dwelling. I've enclosed photographs of the barn in the hope that you will see its beauty and help us to Preserve it by allowing s variance I look to you for suggestions. El~zab, eth Blake Schwieger ~' - Shakespeare wrote..." A rule that ,c, ant be bent is either a ~ ~ * f , ool s rule or the rule of a tyrant. ~ ~o~ ~.~ I~/~f Peg Murray Lighthouse Road Southold, N.Y. ~1971 June 27, 1983 TO ~NBERS OF THE ZONING BOARD OF APPEALS Town of Southold, N.Y. Dear Sirs: In 1974 Elizabeth Schwieger and I, ~'iargaret L. ~urray, bought 3,116 acres of land together in the presence of our lawyer, Stephen Weinrib. We paid by check in equal amounts.- One of the reasons We both wanted this large a Parcel was so tha~he barn would be protected in order that it might be Used as a separate dwelling to rent or sell. We developed the woods 8rOund it because We felt that its historic value and beauty demanded that it be saved. We hope, Over the years, ~hia would make a handsome aPartment or multiple dwelling. ~EVER W~NTED TH6T, nor do we want it now. We do, however, we should be able to develop it as a single family dwelling. Neither ~s. Schwieger nor I have any desire to disturb the beauty and Guiet of this area. I believe, it's obvious from the way we've planted and cared for the land that we aPPreciate it. you'll be able to help us make this possible. many people have made offers and suggestions that We feel Th~nk you again for your help. 0 0 0 0 0 o .SHORT ENVIR~O~ENTAL ASSESSMENT INSTRUCTIONS: (a) In order to answer the questions in this short EAr is is assumed that the preparer will use currently available infor~.~ation conce~ning the project and the likely impacts of the action. It is not expected that additional studiest research er o:her investigations will be undertaken.' {b) If any ques%ion has been answered Yes the project may be si~niflcant and a completed Enviro~nental Assessment Form is necessaP/. (¢) If all quss%ions have been answered No it is likely tb~t this project is not significant. (d) h &. 5. 6. 7. 8. 10. 11. 12. 15. PRaP&R~a'S S~, .~ REPREsE~;TING: 9/[/78 Will project result in a large physical cb.~nge to the project site or physically alter more than l0 acres of land? .......... Will there be a ~mJor change to any unique or unusual land form found on the site? . . Will project alter or ~mve a large effsct on an existing body of water? . . . · · · · Will ~roJect have a potentially large impact on g~ounawa%er quality? · · . . , . , , . Will project significantly effect drainage flow on adjacent sites? · , · , · , · · · Will project affect any threatened or endangered plant or anL~.~l species? . . , . , . Will project result in a major adverse effect on air quality? . . , . · , · · Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important %o the community? · · · Will project adversely impact any site or struct- ure of his=eric, pre-historic~ or paleontological importance or any site designated as a critical envirorkmental area by a local agency? . , Will project have a major effect on existing or future recreational oppor%uni%ies~ · · Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause Objectionable noise, glare~ vibration, or electrical disturb- ance as a result of the project's opera%ion? . 'Will project have any impact on public health or safety? Will project Affect %he existing community by direc%ly causin~ a ~rcwth in oermanent popula- tion of more ~nan ~ percent o~er a one-year period o.__r have a ma~o~ negative effect On character of the come. unity cr neighborhood? Is there public controversy cone.ruinE the project? Yes ,/No Yes ,,,~/ No ., Yes ~/ No Yes ~/' No Yes ~ No Yes ~/ No Yes ~/ No / Yes No Yes~~/_ No Yes ~'/ No Yes No Yes ~/ No ___ Yes ~/ No Yes ~/ No Yes ~/ No TO: Re: Southo!d Town Board of Appeals blain Road Southo!d, NY 11971 Location of Property: Dear Sirs: In ~ ~= ~ ~' - ,~e=!ancs Land-Use re-e_~nc_ to the New Yo~.. State Tidal ~' ~ Regulations, 6 NYCRR, Part 661, and Article 25 of the New Ycrk Sta%e Enzi~o...e .... 1 Conservation Law, please be advised that the suo~ property iQ the '~ - app~c~tlon: -- .............. ~ 300 feet of tidal however, construczed alcnc the wa==~ ' .... - zy_.,g edge of this prcperuy is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ located within 300 feet of t-da_ wetlands; or this u~ ....... is a bu ....... d ~ need of (manor) (ma ~or) .... < ~ ~ , app_o ...... ane!y f~-= in lenguh. [ ] [ ] not appear to blav be located ,{=R' W .... in 300 feet of tidal wetlands. however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located '"' ' 300 feet of tidal wetlands; and th___ is nc bulkhead or concrete wall exianing 'on the premises. NOTE: approval must be received an~ submit{&d to our office before your application can be scheduled for a public hearing. i ,:17.3 .. _-' '" ' Is not located within 300 feet of tidal wetlands to the best of my knowledge.* IS=ar.ed items (*) indicate your prcpertv does fall within the jurisdiction of the N.Y.C. D.E.C.] Sincerely yours, ~ (~igna cui'a ~a~et If proposed project falls Wi~n D.E.C. jurisdiction, LoNG Legend